Unethical conduct shall mean: (a) Obtaining a fee on the making of a sale of a hearing aid by fraud or misrepresentation;
- (b) Directly or indirectly employing a suspended or unlicensed person to perform work covered by this act. A licensee who fits or dispenses a hearing aid during a period of suspension shall have that license revoked;
- (c) Using, causing, or promoting the use of advertising matter, promotional literature, testimonials, guarantees, warranties, labels, brands, insignia, or other representations, however disseminated or published, which are misleading, deceiving, or untruthful;
- (d) Representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true;
- (e) Permitting another person to use the licensee's license or certificate;
- (f) Directly or indirectly giving, or offering to give, money or anything of substantial value to a practitioner who is licensed by the Kansas board of healing arts for the purpose of inducing that practitioner to refer patients or clients to the licensee;
- (g) Fitting, dispensing and servicing hearing aids in a grossly incompetent or negligent manner;
- (h) Failing to return monies within 20 days after an aid has been returned in good condition and pursuant to contract;
- (i) Using the term "hearing" in advertisements, letterheads, business cards, or upon the premises without including the term "hearing aid" in a conspicuous place; and
- (j) Advertising or promoting the licensee's business without including the name and address of that business in the advertisement.
(Authorized by and implementing K.S.A. 74-5806(i); effective May 1, 1982; amended May 1, 1984.)